Simple getting complicated...

[misternwb]

I am the executor of a family members estate, the major asset is a home with a mtg. The major provision in the will is that one of her adult children is to reside at the home for as long as she want (as long as she pays the mtg, taxes, etc...). My questions:

- Dont I legally have to notify the mtg company? The outstanding balace would become the "estates" debt? Family members want to continue paying in her name.
- One of her children wants to file a law suit against a hospital (negliance). Wouldnt any action need to be filed "on behalf of the Estate of Jane Doe"? As the executor, whats my role?

 

[jharris352]

On your first question, yes the mortgage company should be notified and you probably will have to refinance the loan.

On your second question the lawsuit can be filed on behalf of the estate, or in the names of her immediate family (as they have a personal loss and standing to sue), or both.

 

[misternwb]

Thanks, one other question. Would starting the probate process, have an effect on the either issue (or both)?

 

[jharris352]

You need to go ahead and start the probate process. If you, as the estate are going to sue the hospital, it will elongate the process but it may also be necessary. I'm not real good on probate. Let's see if Fredricklaw comes by and sees your post. He should be able to give you better info. He is also from NY.